Title 76, Title 76: Criminal Offenses

76-2-105. Transferred intent. Where intentionally causing a result is an element of an offense, that element is established even if a different person than the actor intended was killed, injured, or harmed, or different property than the actor intended was damaged or otherwise af…

76-2-106. Commission of offense with aid of unmanned aircraft system. (1) As used in this section: "Unmanned aircraft" means the same as that term is defined in Section. 72-10-102 "Unmanned aircraft system" means the same as that term is defined in Section. 72-10-102 (2) An actor…

76-2-107. Commission of offense with aid of generative artificial intelligence. (1) As used in this section, "generative artificial intelligence" means the same as that term is defined in Section. 13-77-101 (2) An actor may be found guilty of an offense if: the actor commits the …

76-2-201. Definitions. As used in this part: (1) "Agent" means any director, officer, employee, or other person authorized to act in behalf of a corporation or association. (2) "High managerial agent" means: a partner in a partnership; an officer of a corporation or association; …

76-2-202. Criminal responsibility for direct commission of offense or for conduct of another. Every person, acting with the mental state required for the commission of an offense who directly commits the offense, who solicits, requests, commands, encourages, or intentionally aids…

76-2-203. Defenses unavailable in prosecution based on conduct of another. In any prosecution in which an actor's criminal responsibility is based on the conduct of another, it is no defense: (1) That the actor belongs to a class of persons who by definition of the offense is leg…

76-2-204. Criminal responsibility of corporation or association. A corporation or association is guilty of an offense when: (1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations or associat…

76-2-205. Criminal responsibility of person for conduct in name of corporation or association. A person is criminally liable for conduct constituting an offense which the person performs or causes to be performed in the name of or on behalf of a corporation or association to the …

76-2-301. Person under 14 years old not criminally responsible. A person is not criminally responsible for conduct performed before the person reaches 14 years old. This section shall in no way limit the jurisdiction of or proceedings before the juvenile courts of this state.

76-2-302. Compulsion. (1) A person is not guilty of an offense when the person engaged in the proscribed conduct because the person was coerced to do so by the use or threatened imminent use of unlawful physical force upon the person or a third person, which force or threatened f…

76-2-303. Entrapment. (1) It is a defense that the actor was entrapped into committing the offense. Entrapment occurs when a peace officer or a person directed by or acting in cooperation with the officer induces the commission of an offense in order to obtain evidence of the com…

76-2-304. Ignorance or mistake of fact or law. (1) Unless otherwise provided, ignorance or mistake of fact which disproves the culpable mental state is a defense to any prosecution for that crime. (2) Ignorance or mistake concerning the existence or meaning of a penal law is no d…

76-2-304.5. Mistake as to victim's age not a defense. (1) It is not a defense to the following offenses that the actor mistakenly believed the victim to be 14 years old or older at the time of the alleged offense or was unaware of the victim's true age: child kidnapping, Section;…

76-2-305. Mental condition -- Use as a defense -- Influence of alcohol or other substance voluntarily consumed. (1) As used in this section: "Mental condition" means a mental illness or a mental disability that substantially impairs an individual's mental, emotional, or behaviora…

76-2-306. Voluntary intoxication. (1) Voluntary intoxication is not a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense. If recklessness or criminal negligence establishes an element of an offense an…

76-2-306. Voluntary intoxication. (1) Voluntary intoxication is not a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense. If recklessness or criminal negligence establishes an element of an offense an…

76-2-307. Voluntary termination of efforts prior to offense. It is an affirmative defense to a prosecution in which an actor's criminal responsibility arises from the actor's own conduct or from being a party to an offense under Sectionthat prior to the commission of the offense,…

76-2-308. Affirmative defenses. Defenses enumerated in this part constitute affirmative defenses.

76-2-309. Justified use of force. (1) An individual who uses or threatens to use force as permitted in Section,,,,, oris justified in that conduct. 76-2-402 76-2-404 76-2-405 76-2-406 76-2-407 76-2-408 (2) The pretrial justification hearing process described in Subsectionsanddoes…

76-2-401. Justification as defense -- When allowed. (1) Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justification may be claimed: when the actor's conduct is in defense of persons or property under the circumstances …

76-2-402. Force in defense of person -- Forcible felony defined. (1) As used in this section: "Forcible felony" means aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, ob…

76-2-403. Force in arrest or temporary detention.. A person is justified in using any force, except deadly force, which the person reasonably believes to be necessary to effect an arrest or temporary detention or to defend the person's self or another from bodily harm while makin…

76-2-404. Law enforcement officer use of deadly force. (1) As used in this section: "Deadly force" means force that creates or is likely to create, or that the individual using the force intends to create, a substantial likelihood of death or serious bodily injury to an individua…

76-2-405. Force or deadly force in defense of habitation, vehicle, or place of business or employment. (1) Except as provided in Subsection (2), an actor is justified in using force against an individual when and to the extent that the actor reasonably believes that the force is …

76-2-406. Force in defense of property -- Affirmative defense. (1) Except as provided in Section, an actor is justified in using force, other than deadly force, against another individual when and to the extent that the actor reasonably believes that force is necessary to prevent…

76-2-407. Deadly force in defense of individuals on real property. (1) As used in this section, "forcible felony" means the same as that term is defined in Section. 76-2-402 (2) An actor is justified in using force intended or likely to cause death or serious bodily injury agains…

76-2-408. Officer use of force -- Investigations. (1) As used in this section: "Dangerous weapon" means a firearm or an object that in the manner of its use or intended use is capable of causing death or serious bodily injury to an individual. "Deadly force" means a force that cr…

76-2-409. Battered person mitigation. (1) As used in this section: "Abuse" means the same as that term is defined in Section. 78B-7-102 "Cohabitant" means the same as the term is defined in Section. 78B-7-102 "Cohabitant" includes, notwithstanding the definition in Section, an in…